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A large sign posted at the foot of the lifeguard station warns of a very dangerous undertow beyond the first sandbar. There are buoys floating

A large sign posted at the foot of the lifeguard station warns of a very dangerous undertow beyond the first sandbar. There are buoys floating around the sandbar. Howard swims out beyond the sandbar and drowns before the lifeguard is able to reach him. Who is the plaintiff and who is the defendant?

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